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Kolkata Court August 1926 Judgments

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Aug 09 1926

Mohamed Ebrahim Molla Vs. Commissioners for the Port of Chittagong

Court: Kolkata

Decided on: Aug-09-1926

Reported in: AIR1927Cal465,103Ind.Cas.2

1. This appeal arises out of a suit by the Port Commissioners of Chittagong to recover Rs. 27,768-12-0 as hire of a steam tug, from the defendant, under the following circumstances:It appears that the defendant purchased a steamer, War Puffin, which had been stranded on a reef, and engaged one Mr. Aiken and another person for salvage operations. Mr. Aiken, on the 2nd April 1920, wired to the Port Officer, Chittagong:Can you send powerful tug-boat to the mouth of Moulmein river to tow steamer War Puffin to Rangoon? If so, state terms, Tug required as soon as possible before the 10th April, Reply urgent.2. The Port Officer, Chittagong, on the 3rd April replied:Terms Rs. 1,500 per day from date tug leaves Chittagong till date she returns Chittagong. The additional cost of insurance of tug for voyage, also all pilotage fees and port dues at Moulmein and Rangoon.3. After some correspondence about the terms, the defendant's attorney, Mr. Aiken, on the 8th April wired to the Port Officer:Your...


Aug 06 1926

Fakir Prasad Ghose Vs. Kripasindhu Pal Bhuti

Court: Kolkata

Decided on: Aug-06-1926

Reported in: AIR1927Cal303,101Ind.Cas.600

Duval, J.1. In this matter the petitioner, a pleader in the Munsif's Court at Vishnupur, has obtained a rule against an order of the Sessions Judge of Bankura, upholding a sentence under Section 500 of the Indian Penal Code for defamation, and reducing a fine from Rs. 500 to one of Rs. 100, as to why the conviction and sentence should not be set aside. The case for the prosecution is that there was a suit before the Munsif of Vishnupur in which the petitioner was a pleader appearing for the plaintiff, and the complainant was one of the defendants. The suit was in respect of certain fishery rights, and it appears that the complainant was made a party as he was a mukhia of a social group and as that group claimed the fishery, and he also produced a sanad under which that group of persons claimed a right of fishery in the tank in dispute.2. While the case was being heard the complainant went into the box, and he was asked by the petitioner whether he was a gambler, whether he was a thief,...


Aug 05 1926

Emperor Vs. Chandra Kumar De

Court: Kolkata

Decided on: Aug-05-1926

Reported in: AIR1927Cal78

Rankin, J.1. In this case, the accused Chandra Kumar Do who appears to be an old man of 80 years of age was tried before a Judge and jury on several charges. The first charge against him was really abetment of forgery and the second charge was really conspiracy to cheat. On those two charges, the jury acquitted the accused and the learned Judge who makes this reference agreed with the jury and held that their verdict was right. There were, however, two other charges against the accused : a charge under Section 182 Indian Penal Code, and another of cheating under Section 420, Indian Penal Code; and the learned Judge has made this reference because he considers that the accused ought to have been convicted upon those two counts.2. Now, the facts very shortly are that some person in June 1925 made up his mind to obtain money by forgery from the local Treasury and to do it by forging civil Court deposit payment cheques. He took the names of various local worthies likely to be known in the ...


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